- (1.) THIS Petition can be conveniently disposed of at the admission stage. Hence, Rule made returnable forthwith with the consent of the parties.
(2.) THIS Petition takes exception to the Order dated 26. 11. 2008 passed by the Administrative Tribunal in Mundkar Revision Application No. 147/2003. The said Mundkar Revision Application has arisen out of the purchase application filed by the Predecessor of the Petitioners herein, before the Joint Mamlatdar, Mormugao, with respect to dwelling house in the property surveyed under chalta no. 13 P. T. Sheet no. 91 of City Survey, situated at vasco da Gama. The said application was filed by the Predecessor of the petitioners under Section 16 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Control Act, 1975, (for short, 'mundkar Act, 1975' ). The said application was considered by the Joint Mamlatdar and was partially allowed and direction was issued to the Court Surveyor to demarcate the area taking into consideration the external outer wall of the dwelling house of the applicants. In so far as the purchase price is concerned, the Joint Mamlatdar directed that the same will be done after the demarcated plan is confirmed by both the parties. The Applicants i. e. the Petitioners herein, were aggrieved by the said direction issued by the Mamlatdar in respect of the demarcation of the property taking into consideration the external walls of the dwelling house of the Applicant. They, therefore, filed an Appeal before the Deputy collector/s. D. O, Mormugao, which Appeal in so far as the issue of demarcation was concerned, was held to be premature and, therefore, dismissed. Thereafter, the Respondent no. 1 filed the Mundkar Revision application no. 147/2003, before the Administrative Tribunal, Goa, which revision came to be allowed and the Order of the Mamlatdar came to be set aside and the Tribunal issued a direction to the Joint Mamlatdar to demarcate the area of the dwelling house considering the location and the area of the dwelling house shown in the Survey Plan. The direction, therefore, which is in operation i. e. the demarcation of the dwelling house in terms of the Mundkar act, 1975, has to be as per the Survey Plan.
(3.) BOTH the learned Counsel for the Petitioners Shri Shirodkar and learned Counsel for the Respondent no. 1, Ms. Kamat, i. e. the Bhatkar, have no objection if the Order of the Administrative Tribunal is impleaded. A grievance is made on behalf of the Respondent no. 1 by Ms. Kamat, that the petitioner has encroached further in the said property and, therefore, the petitioners should be given the liberty to raise contention in that behalf before the Mamlatdar. Since the Mamlatdar is vested with the necessary powers under the Mundkar Act, 1975, it would be open for the parties to make their respective submissions before the Mamlatdar in respect of the alleged encroachment.;